THE CARIBBEAN COURT OF JUSTICE ACT, 2005
Arrangement of Sections
PART I
PRELIMINARY
Section
1. Short title and commencement
2. Interpretation
3. Agreement to have force of law
PART II
JURISDICTION AND POWERS
4. Jurisdiction of the Court
5. Constitution of the Court in exercise of its original
jurisdiction
PART III
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
ORIGINAL JURISDICTION OF THE COURT
Original jurisdiction of the Court
Third party rights
Revisions of judgments
Binding precedent
PART IV
ADMINISTRATIVE PROVISIONS
Appointment of Registrar as Deputy Registrar
Right of audience
Status of the Court and the Regional Judicial and Legal
Services Commission
Composition of Commission
Responsibility of Commission
Rules of Court
ii
PART V
PRIVILEGES AND IMMUNITIES
16. Application of the Privileges and Immunities Protocol
17. Certificate of Minister as conclusive evidence
PART VI
GENERAL
18. Payment from Consolidated Fund
19. Amendment to the Schedules
FIRST SCHEDULE
SECOND SCHEDULE
Legal Supplement Part A to the Trinidad and Tobago Gazette’’, Vol. 44,
No. 44, 17th March, 2005
Third Session Eighth Parliament Republic of
Trinidad and Tobago
REPUBLIC OF TRINIDAD AND TOBAGO
Act No. 8 of 2005
[L.S.]
AN ACT to implement the Agreement Establishing
the Caribbean Court of Justice in its original
jurisdiction and for related matters.
[Assented to 16th March, 2005]
480
Enactment
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Caribbean Court of Justice
E NACTED by the Parliament of Trinidad and Tobago as
follows:—
PART I
Short title and
commencement
Interpretation
First Schedule
2005
PRELIMINARY
1. (1) This Act may be cited as the Caribbean Court of
Justice Act, 2005.
(2) This Act comes into operation on such day as
fixed by the President by Proclamation, appoint.
2. In this Act, unless the context otherwise requires—
“Agreement” means the Agreement
Establishing the Caribbean Court of
Justice, signed at Bridgetown, Barbados,
on the 14th day of February, 2001, as
amended by the Protocol to the Agreement
Establishing the Caribbean Court of
Justice Relating to the Juridical
Personality and Legal Capacity of the
Court signed at Montego Bay, Jamaica, on
the 4th day of July, 2003, the texts of which
are set out, respectively, in Parts A and B
of the First Schedule;
“Commission” means the Regional Judicial and
Legal Services Commission established by
Article V of the Agreement;
“Contracting Party” means a Contracting Party
within the meaning of Article I of the
Agreement;
“Court” means the Caribbean Court of Justice
established by paragraph 1(a) of Article III
of the Agreement;
“Minister” means the Attorney General;
“party” means any party to proceedings before
the Court;
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“President” means the President of the Court;
“Privileges and Immunities Protocol” means
the Protocol on the Status, Privileges and
Immunities of the Caribbean Court of
Justice and the Regional Judicial and
Legal Services Commission signed at
Montego Bay, Jamaica, on the 4th day of
July, 2003, the text of which is set out in
Second Schedule
the Second Schedule;
“Rules of Court” means the Rules of Court
made pursuant to Article XXI(1) and
Article XXV(7) of the Agreement;
“Treaty” means the Revised Treaty of
Chaguaramas establishing the Caribbean
Community including the CARICOM
Single Market and Economy signed at
Nassau, The Bahamas, on the 5th day of
July, 2001.
to
3. The articles of the Agreement in so far as they Agreement
have force of law
relate to access to the Court and related proceedings
and Rules of Court, shall have the force of law in
Trinidad and Tobago.
PART II
JURISDICTION AND POWERS
4. (1) The Court shall exercise the original Jurisdiction
jurisdiction conferred on it by this Act in accordance of the Court
with Part II of the Agreement.
(2) Subject to section 5(3) and section 8, decisions
of the Court shall be final.
(3) The seal of the Court shall bear the inscription
“The Caribbean Court of Justice” and shall be affixed to
such documents as occasion may require.
482
Constitution
of the Court
in exercise
of its original
jurisdiction
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Caribbean Court of Justice
2005
5. (1) Subject to subsection (2), the Court, in the
exercise of its original jurisdiction, shall be constituted
by not less than three Judges and in every case, the
number shall be an uneven number.
(2) The original jurisdiction of the Court may
be exercised by a sole judge appointed in accordance
with the Agreement.
(3) The decision of a sole judge under subsection (2) may be reviewed by a panel comprising not more
than five Judges and may be varied, discharged or
reversed by the Court upon an application by an
aggrieved party under section 8.
PART III
Original
jurisdiction of
the Court
ORIGINAL JURISDICTION OF THE COURT
6. (1) The Court in the exercise of its original
jurisdiction shall—
(a) have compulsory and exclusive jurisdiction
to hear and determine disputes concerning
the interpretation and application of the
Treaty including—
(i) disputes between Contracting
Parties;
(ii) disputes between Contracting
Parties and the Caribbean
Community;
(iii) referrals from national courts or
tribunals of Contracting Parties;
and
(iv) applications by persons in
accordance with section 7;
(b) at the request of a Contracting Party or the
Caribbean Community, deliver advisory
opinions concerning the interpretation and
application of the Treaty.
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483
(2) In the exercise of its original jurisdiction, the
Court shall apply such rules of international law as may
be applicable.
(3) Matters pertaining to the exercise of the
original jurisdiction of the Court shall be brought before
the Court by written application, in the manner
prescribed by the Rules of Court.
(4) Where a court or tribunal is seised of an issue
whose resolution involves a question concerning the
interpretation or application of the Treaty, the court
or tribunal shall, if it considers that a decision on the
question is necessary to enable it to deliver judgment,
refer the question to the Court for determination before
delivering judgment.
(5) For the purpose of subsection (1), “national
courts” means the Supreme Courts of the Member
States of the Caribbean Community and includes the
Eastern Caribbean Supreme Court.
party rights
7. (1) A person who is a citizen or resident of Trinidad Third
Chap. 18:01
and Tobago within the meaning of the Immigration Act
may, with the special leave of the Court, be allowed to
appear as a party in proceedings before the Court
where—
(a) the Court has determined in any particular
case that the Treaty intended that a right
conferred by or under the Treaty on a
Contracting Party shall enure to the benefit
of such a person directly;
(b) the person has established that he has been
prejudiced in respect of the enjoyment of
the benefit referred to in paragraph (a);
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Act No. 35 of 1995
Revisions of
judgments
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Caribbean Court of Justice
2005
(c) the Contracting Party being entitled to
espouse the claim in proceedings before the
Court has—
(i) omitted or declined to espouse the
claim; or
(ii) expressly agreed that the person
may espouse the claim instead of
the Contracting Party; and
(d) the Court has found that the interest of
justice requires that the person be allowed
to espouse the claim.
(2) Where a Contracting Party, the Caribbean
Community or a person considers that it or he has
substantial interest of a legal nature which may be
affected by a decision of the Court in exercise of its
original jurisdiction, the Contracting Party, the
Caribbean Community or the person, as the case may
be, may apply to the Court to intervene and the Court
shall decide whether to allow the application.
(3) In this section, “person” includes a company
incorporated or registered under the Companies Act.
8. (1) An application under section 5(3) for the
revision of a judgment of the Court in the exercise of its
original jurisdiction may be made only where—
(a) there is the discovery of some fact of such
nature as to be a decisive factor;
(b) the fact was, when the judgment was given,
unknown to the Court and to the party
applying for the revision; and
(c) the ignorance regarding the fact was not
due to negligence on the part of the
applicant.
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(2) Proceedings for a revision shall be opened by a
judgment of the Court expressly recording the existence
of the new fact, recognizing that it has such a character
as to lay the case open to revision, and declaring the
application admissible on this ground.
(3) The Court may require previous compliance
with the terms of the judgment before it admits
proceedings in revision.
(4) The application for revision shall be made
within six months of the discovery of the new fact.
(5) No application for revision may be made after
the lapse of five years from the date of the judgment.
(6) Nothing in this section shall affect the rights of
third parties that have accrued since the delivery of the
judgment referred to in subsection (1).
9. The judgments of the Court in its original Binding
jurisdiction shall be final and constitute legally binding precedent
precedents for parties in proceedings before the Court.
PART IV
ADMINISTRATIVE PROVISIONS
of
10. (1) The Registrar of the Supreme Court shall be a Appointment
Registrar as
Deputy Registrar of the Court.
Deputy Registrar
(2) The Registry of the Supreme Court shall be
designated a Sub-Registry of the Court pursuant to the
Rules of the Court.
11. Attorneys-at-law, duly admitted to practise law in Right of audience
Trinidad and Tobago shall, subject to the powers of the
Court, not be required to satisfy any other condition in
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2005
order to practise before the Court, wherever the Court is
sitting in exercise of its jurisdiction, and shall enjoy the
privileges and immunities necessary for the
independent exercise of their duties.
Status of the Court
12. (1) The Court and the Commission shall possess
and the Regional
Judicial and Legal full juridical personality including, in particular, full
Services Commission
capacity—
(a) to contract;
(b) to acquire and dispose of real property; and
(c) to institute legal proceedings.
(2) In all legal proceedings, the Court and
Commission shall be represented by the Registrar of the
Court.
Composition of
Commission
Responsibility of
Commission
13. The Commission shall consist of the persons who
shall be appointed in the manner and for periods set out
in paragraphs (1) to (7) of Article V and paragraph (2) of
Article VI of the Agreement.
14. (1) The Commission shall have responsibility
for—
(a) making appointments to the office of judge
of the Court other than that of President;
(b) appointing those officials and employees
referred to in Article XXVII of the
Agreement and determining the salary and
allowances to be paid to such officials and
employees;
(c) the determination of the terms and
conditions of service of officials and
employees; and
(d) the termination of appointments in
accordance with the provisions of the
Agreement.
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(2) The Commission may by directions in writing
and subject to such conditions as it thinks fit, delegate
any of its powers under subsection (1)(b) and (c) to any
one or more of its members or to the Registrar of the
Court.
(3) The Commission shall, in accordance with the
Regulations, exercise disciplinary control over Judges of
the Court, other than the President, and over officials
and employees of the Court.
(4) The proceedings of the Commission shall not
be inquired into by any court of law or tribunal.
15. Rules of Court made pursuant to Article XXI of Rules of Court
the Agreement shall have the force of law in Trinidad
and Tobago and shall be published in the Gazette.
PART V
PRIVILEGES AND IMMUNITIES
of the
16. Subject to this Act, the Articles set out in Part B Application
Privileges and
of the First Schedule (being the Articles of the Privileges Immunities Protocol
and Immunities Protocol) shall have the force of law in
Trinidad and Tobago.
17. If in any proceedings any question arises whether Certificate
of
Minister as
or not any person is entitled to any privileges or conclusive evidence
immunity under this Act, a certificate issued by or
under the authority of the Minister responsible for
Foreign Affairs stating any fact relating to that question
shall be conclusive evidence of that fact.
PART VI
GENERAL
18. Any assessed contribution payable by Trinidad Payment from
and Tobago in respect of the Court and the Commission Consolidated Fund
pursuant to Article XXVIII of the Agreement shall be
charged on and paid from the Consolidated Fund.
488
Amendment to the
Schedules
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Caribbean Court of Justice
2005
19. (1) Where any amendment of the Agreement or
the Privileges and Immunities Protocol is accepted by
the Government, the Minister may by Order amend
the relevant Schedule to this Act for the purpose of
including therein the amendment so accepted.
(2) Any Order made under this section may
contain such consequential, supplemental or ancillary
provisions as appear to the Minister to be necessary
or expedient for the purpose of giving effect to the
amendment and, without prejudice to the generality
of the foregoing, the Order may contain provisions
amending references in this Act to specific provisions of
the Agreement or the Privileges and Immunities
Protocol as the case may be.
(3) Every Order made under this section shall be
subject to negative resolution of Parliament.
(4) Where a Schedule to this Act is amended
pursuant to this section any reference in this Act or any
other law or instrument to the Agreement or the
Privileges and Immunities Protocol may be, unless the
context otherwise requires, be construed as a reference
to the Agreement or the Privileges and Immunities
Protocol, as the case may be, so amended.
FIRST SCHEDULE
(Section 2)
PART A
AGREEMENT ESTABLISHING THE CARIBBEAN COURT
OF JUSTICE
THE CONTRACTING PARTIES,
CONVINCED that the Caribbean Court of Justice, (hereinafter
referred to as “the Court”), will have a determinative role in the
further development of Caribbean jurisprudence through the
judicial process;
Convinced also of the desirability of entrenching the Court in
their national Constitutions;
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Aware that the establishment of the Court is a further step in
the deepening of the regional integration process;
Recognizing the sovereignty of Members of the Caribbean
Community;
Hereby agree as follows:
ARTICLE 1
USE OF TERMS
In this Agreement, unless the context otherwise requires:
“Commission” means the Regional Judicial and Legal
Services Commission established by Article V;
“Conference” means the Conference of Heads of
Government of Member States of the Caribbean
Community;
“Contracting Party” means an entity referred to in
Article II which has satisfied the requirements of
membership and in relation to which this
Agreement is in force;
“Heads of Government” means the Heads of Government
of the Contracting Parties;
“President” means the President of the Court;
“Secretary-General” means the Secretary-General of the
Caribbean Community;
“Treaty” means the Treaty establishing the Caribbean
Community signed at Chaguaramas on 4th July,
1973 and any amendments thereto which take
effect either provisionally or definitively.
PART I
MEMBERSHIP, ESTABLISHMENT OF THE COURT,
AND RELATED MATTERS
THE
COMMISSION
ARTICLE II
MEMBERSHIP
This Agreement shall be open to—
(a) Member States of the Caribbean Community;
(b) any other Caribbean country which is invited by the
Conference to become a Party to this Agreement.
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ARTICLE III
E STABLISHMENT AND SEAT OF THE CARIBBEAN
COURT OF JUSTICE
1. The Court is hereby established with:
(a) original jurisdiction in accordance with the
provisions of Part II, and
(b) appellate jurisdiction in accordance with the
provisions of Part III.
2. The decisions of the Court shall be final.
3. The Seat of the Court shall be in the territory of a Contracting
Party as determined by a qualified majority of the Contracting
Parties but, as circumstances warrant, the Court may sit in the
territory of any other Contracting Party.
4. The Government of the Contracting Party in whose territory
the Seat of the Court is situated shall provide suitable accommodation for the Seat of the Court and the offices of the Commission
and shall conclude with the Court and the Commission an
Agreement relating to the Seat of the Court and the offices of the
Commission.
5. The Court shall have and use, as occasion may require, a seal
having a device or impression with the inscription “The Caribbean
Court of Justice”.
ARTICLE IV
CONSTITUTION OF THE COURT
1. Subject to paragraph 2 of this Article, the Judges of the Court
shall be the President and not more than nine other Judges of
whom at least three shall possess expertise in international law
including international trade law.
2. The number of Judges, excluding the President, may be
increased by the Heads of Government, upon the recommendation
of the Commission.
3. The Court shall be duly constituted as set out in Parts II and
III and may sit in such number of divisions as may be directed by
the President but every Judge of the Court may sit in any division.
4. The determination of any question before the Court shall be
according to the opinion of the majority of the Judges of the Court
hearing the case.
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5. Notwithstanding the provisions of this Article, the President
may appoint one or more judges to determine interlocutory
matters.
6. The President shall be appointed or removed by the qualified
majority vote of three-quarters of the Contracting Parties on the
recommendation of the Commission.
7. The Judges of the Court, other than the President, shall be
appointed or removed by a majority vote of all of the members of
the Commission.
8. The President shall take precedence over all other Judges of
the Court and the seniority of the other Judges of the Court shall
be determined in accordance with the dates of their appointment.
9. The appointment of the President shall be signified by letter
under the hand of the Chairman for the time being of the
Conference acting on the advice of the Heads of Government and
the appointment of any other Judge of the Court shall be signified
by letter under the hand of the Chairman of the Commission.
10. A person shall not be qualified to be appointed to hold or to
act in the office of Judge of the Court, unless that person satisfies
the criteria mentioned in paragraph 11 and—
(a) is or has been for a period or periods amounting in
the aggregate to not less than five years, a Judge of a
court of unlimited jurisdiction in civil and criminal
matters in the territory of a Contracting Party or in
some part of the Commonwealth, or in a State
exercising civil law jurisprudence common to
Contracting Parties, or a court having jurisdiction in
appeals from any such court and who, in the opinion
of the Commission, has distinguished himself or
herself in that office; or
(b) is or has been engaged in the practice or teaching of
law for a period or periods amounting in the
aggregate to not less than fifteen years in a Member
State of the Caribbean Community or in a
Contracting Party or in some part of the
Commonwealth, or in a State exercising civil law
jurisprudence common to Contracting Parties, and
has distinguished himself or herself in the legal
profession.
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11. In making appointments to the office of Judge, regard shall be
had to the following criteria: high moral character, intellectual and
analytical ability, sound judgment, integrity, and understanding of
people and society.
12. The Commission may, prior to appointing a Judge of the
Court, consult with associations representative of the legal
profession and with other bodies and individuals that it considers
appropriate in selecting a Judge of the Court.
ARTICLE V
E STABLISHMENT OF THE REGIONAL JUDICIAL AND LEGAL
SERVICES COMMISSION
1. There is hereby established a Regional Judicial and Legal
Services Commission which shall consist of the following persons:
(a) the President who shall be the Chairman of the
Commission;
(b) two persons nominated jointly by the Organisation of
the Commonwealth Caribbean Bar Association
(OCCBA) and the Organisation of Eastern Caribbean
States (OECS) Bar Association;
(c) one chairman of the Judicial Services Commission of
a Contracting Party selected in rotation in the
English alphabetical order for a period of three years;
(d) the Chairman of a Public Service Commission of a
Contracting Party selected in rotation in the reverse
English alphabetical order for a period of three years;
(e) two persons from civil society nominated jointly by
the Secretary-General of the Community and the
Director General of the OECS for a period of three
years following consultations with regional
non-governmental organisations;
(f) two distinguished jurists nominated jointly by the
Dean of the Faculty of Law of the University of the
West Indies, the Deans of the Faculties of Law of any
of the Contracting Parties and the Chairman of the
Council of Legal Education; and
(g) two persons nominated jointly by the Bar or Law
Associations of the Contracting Parties.
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2. Where any person or body required to nominate a candidate
for appointment to the Regional Judicial and Legal Services
Commission in accordance with paragraph 1, fails to make such
nomination within thirty (30) days of a written request in that
behalf, the nomination shall be made jointly by the heads of the
judiciaries of the Contracting Parties.
3. (1) The Commission shall have responsibility for—
(a) making appointments to the office of Judge of the
Court, other than that of President;
(b) making appointments of those officials and
employees referred to in Article XXVII and for
determining the salaries and allowances to be paid
to such officials and employees;
(c) the determination of the terms and conditions of
service of officials and employees; and
(d) the termination of appointments in accordance with
the provisions of this Agreement.
(2) The Commission shall, in accordance with the
Regulations, exercise disciplinary control over Judges of the Court,
other than the President, and over officials and employees of the
Court.
4. The term of office of members of the Commission, other than
the Chairman shall be three years, but such members shall be
eligible for reappointment for another term of office.
5. The members of the Commission referred to in paragraph
1(b), (c), (d), (f) and (g) shall be appointed by letter under the hand
of the President.
6. If the office of a member of the Commission, other than the
Chairman is vacant or the holder thereof is unable to perform the
functions of his office, a person may be appointed to perform the
functions of that office for the unexpired term of the holder of the
office or until the holder resumes office.
7. Subject to paragraph 13 of this Article, the Commission shall
not be—
(a) disqualified from the transaction of business by
reason of any vacancy in its membership and its
proceedings shall not be invalidated by the presence
or participation of any person not entitled to be
present or to participate in those proceedings;
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(b) disqualified from the transaction of business nor its
proceedings invalidated by reason of the non-receipt
by a member of the Commission, of a notice for a
meeting of the Commission.
8. The Commission may, by directions in writing and subject to
such conditions as it thinks fit, delegate any of its powers under
paragraph 3(1)(b) and (c) of this Article to any one or more of its
members or to the Registrar.
9. A member of the Commission, other than the Chairman may,
by writing under the hand of that member, addressed to the
Chairman of the Commission, resign from the Commission.
10. The Commission shall, no later than 31st March in every year,
submit to the Heads of Government, an Annual Report of its work
and operations during the previous year.
11. The Registrar of the Court shall perform the functions of
Secretary of the Commission and shall be the Chief Administrative
Officer of the Commission.
12. In the exercise of their functions under this Agreement, the
members of the Commission shall neither seek nor receive
instructions from any body or person external to the Commission.
13. A quorum for the transaction of business by the Commission
shall consist of not less than six members of the Commission
including the Chairman or, where the Deputy Chairman is
presiding, the Deputy Chairman.
14. Subject to this Article, the Commission shall have power to
regulate its own procedure.
ARTICLE VI
THE FIRST APPOINTMENT OF THE PRESIDENT AND
MEMBERS OF THE COMMISSION
1. For the purposes of the first appointment of the President and
Commissioners and notwithstanding the provisions of paragraph 6
of Article IV, the members of the Commission appointed pursuant
to the Agreement shall make a recommendation for the
appointment of the President.
2. Notwithstanding the provisions of paragraphs 4 and 5 of
Article V:
(a) the term of office of the members of the Commission
appointed in accordance with paragraph 1 of this
Article shall be one year; and
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(b) the members of the Commission mentioned in
sub-paragraph (a) of this paragraph shall be
appointed by letter under the hand of the heads of
the judiciary of the Contracting Parties.
ARTICLE VII
LEGAL STATUS OF THE COMMISSION
1. The Commission shall possess full juridical personality
including, in particular, full capacity to contract.
2. The privileges and immunities to be accorded the Commission
and its members in the territories of the Contracting Parties shall
be laid down in a Protocol to this Agreement.
3. The Contracting Parties undertake to make provision to
ensure that the proceedings of the Commission shall not be
enquired into in any Court.
ARTICLE VIII
ACTING APPOINTMENTS
1. If the office of President is vacant, or if the President is for any
reason unable to perform the functions of that office, then, until
some other person has been appointed to and has assumed the
functions of that office or, as the case may be, until the President
has resumed those functions, they shall be performed by the Judge
of the Court who is most senior according to the date of his appointment and he shall be appointed by letter under the hand of the
Chairman for the time being of the Conference.
2. When none of the other Judges is senior by appointment, the
functions of President shall be performed by such one of the other
Judges of the Court appointed by letter.
3. An appointment referred to in paragraph 2 shall be made in
accordance with the advice of the Heads of Government tendered
after consultations with the President and such other persons or
bodies of persons as the Heads of Government may think fit.
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4. If one of the Judges of the Court is acting as the President of
the Court or if the office of a Judge of the Court, other than the
President, is vacant or if such a Judge is for any reason unable to
perform the functions of that office, then, until some other person
has been appointed to act and has assumed the functions of that
office or, as the case may be, until the Judge has resumed those
functions, they shall be performed by a person qualified for
appointment as a Judge of the Court to be appointed by the
Commission by letter under the hand of the Chairman of the
Commission.
5. The person appointed in accordance with paragraph 4 shall
continue to perform the functions of the office until a person is
appointed to the office and has assumed the functions thereof or, as
the case may be, until the holder resumes office.
ARTICLE IX
TENURE OF OFFICE OF JUDGES
1. The office of a Judge of the Court shall not be abolished while
there is a substantive holder thereof.
2. Subject to the provisions of this Article, the President shall
hold office for a non-renewable term of seven years or until he
attains the age of seventy-two years, whichever is earlier, except
that the President shall continue in office, if necessary, for a further
period not exceeding three months to enable him to deliver
judgment or to do any other thing in relation to any proceedings
part-heard by him.
3. Subject to the provisions of this Article, a Judge of the Court
shall hold office until he attains the age of seventy-two years,
except that he shall continue in office, if necessary, for a further
period not exceeding three months to enable him to deliver
judgment or to do any other thing in relation to any proceedings
part-heard by him.
4. A Judge may be removed from office only for inability to
perform the functions of his office, whether arising from illness or
any other cause or for misbehaviour, and shall not be so removed
except in accordance with the provisions of this Article.
5. (1) Subject to Article IV, paragraph 5, the President shall be
removed from office by the Heads of Government on the
recommendation of the Commission, if the question of the removal
of the President has been referred by the Heads of Government to
a tribunal and the tribunal has advised the Commission that the
President ought to be removed from office for inability or
misbehaviour referred to in paragraph 4.
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(2) Subject to Article IV, paragraph 6, a Judge other than the
President shall be removed from office by the Commission if the
question of the removal of the Judge has been referred by the
Commission to a tribunal; and the tribunal has advised the
Commission that the Judge ought to be removed from office for
inability or misbehaviour referred to in paragraph 4.
6. If at least three Heads of Government in the case of the
President jointly represent to the other Heads of Government, or if
the Commission decides in the case of any other Judge, that the
question of removing the President or the Judge from office ought
to be investigated, then—
(a) the Heads of Government or the Commission shall
appoint a tribunal which shall consist of a chairman
and not less than two other members, selected by the
Heads of Government or the Commission, as the case
may be, after such consultations as may be
considered expedient, from among persons who hold
or have held office as a Judge of a court of unlimited
jurisdiction in civil and criminal matters in some
part of the Commonwealth, or in a State exercising
civil law jurisprudence common to Contracting
Parties, or a court having jurisdiction in appeals from
any such court; and
(b) the tribunal shall enquire into the matter and advise
the Heads of Government or the Commission, as the
case may be, whether or not the President or the
Judge ought to be removed from office.
7. The provisions of any law relating to the holding of
commissions of inquiry in the Member State of the Caribbean
Community where the inquiry is held shall apply as nearly as may
be in relation to tribunals appointed under paragraph 6 of this
Article or, as the context may require, to the members hereof as
they apply in relation to Commissions or Commissioners appointed
under that law.
8. If the question of removing the President or any other Judge
of the Court from office has been referred to a tribunal under
paragraph 6 of this Article, the Heads of Government in the case of
the President, or the Commission, in the case of any other Judge of
the Court, may suspend such Judge from performing the functions
of his office, and any such suspension may at any time be revoked
by the Heads of Government or the Commission, as the case may
be, and shall in any case cease to have effect if the tribunal
advises the Heads of Government or the Commission that the
Judge ought not to be removed from office.
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9. (1) The President may at any time resign the office of
President by writing under the hand of the President addressed to
the Chairman for the time being of the Conference.
(2) Any other Judge of the Court may at any time resign the
office of Judge of the Court by writing under the hand of the Judge
addressed to the Chairman of the Commission.
ARTICLE X
OATH OF OFFICE
1. A Judge of the Court shall not enter upon the duties of that
office unless he has taken and subscribed the oath of office as set
out in Appendix I to this Agreement.
2. The oath of office shall be taken and subscribed before the
Head of State of any Contracting Party.
PART II
ORIGINAL JURISDICTION
OF THE
COURT
ARTICLE XI
CONSTITUTION OF THE COURT
1. The Court, in the exercise of its original jurisdiction, shall be
duly constituted if it consists of not less than three judges being an
uneven number of judges.
2. The judges referred to in paragraph 1 shall possess the
expertise necessary for the Court to adjudicate the matter.
3. The deliberations of the Court shall be under the authority
and control of a Chairman, who shall be the most senior of the
judges appointed by the President.
4. Notwithstanding paragraph 1, the original jurisdiction of the
Court may be exercised by a sole judge appointed by the Chairman.
5. The decision of a sole judge exercising jurisdiction under
paragraph 4 may, on application of a Party aggrieved, be reviewed
by a panel comprising not more than five judges.
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ARTICLE XII
JURISDICTION OF THE COURT IN CONTENTIOUS PROCEEDING
1. Subject to the Treaty, the Court shall have exclusive
jurisdiction to hear and deliver judgment on:
(a) disputes between Contracting Parties to this
Agreement;
(b) disputes between any Contracting Parties to this
Agreement and the Community;
(c) referrals from national courts or tribunals of
Contracting Parties to this Agreement;
(d) applications by nationals in accordance with
Article XXIV, concerning the interpretation and
application of the Treaty.
2. For the purposes of this part, “national courts” includes the
Eastern Caribbean Supreme Court.
ARTICLE XIII
ADVISORY OPINIONS OF THE COURT
1. The Court shall have exclusive jurisdiction to deliver
advisory opinions concerning the interpretation and application of
the Treaty.
2. Advisory opinions shall be delivered only at the request of
Contracting Parties or the Community.
ARTICLE XIV
REFERRAL TO THE COURT
Where a national court or tribunal of a Contracting Party is
seised of an issue whose resolution involves a question concerning
the interpretation or application of the Treaty, the court or tribunal
concerned shall, if it considers that a decision on the question is
necessary to enable it to deliver judgment, refer the question to the
Court for determination before delivering judgment.
ARTICLE XV
COMPLIANCE WITH JUDGMENTS OF THE COURT
Member States, Organs, Bodies of the Community or persons to
whom a judgment of the Court applies, shall comply with that
judgment.
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ARTICLE XVI
COMPULSORY JURISDICTION OF THE COURT
1. Contracting Parties agree that they recognise as compulsory,
ipso facto and without special agreement, the original jurisdiction
of the Court provided for in Article XII.
2. In the event of a dispute as to whether the Court has
jurisdiction, the matter shall be determined by decision of the
Court.
ARTICLE XVII
LAW TO BE APPLIED BY THE COURT IN THE E XERCISE OF ITS
ORIGINAL JURISDICTION
1. The Court, in exercising its original jurisdiction under
Article XII(b) and (c), shall apply such rules of international law as
may be applicable.
2. The Court may not bring in a finding of non liquet on the
ground of silence or obscurity of the law.
3. The provisions of paragraphs (1) and (2) shall not prejudice
the power of the Court to decide a dispute ex aequo et bono if the
parties so agree.
ARTICLE XVIII
INTERVENTION BY THIRD PARTIES
1. Should a Member State, the Community or a person consider
that it has a substantial interest of a legal nature which may be
affected by a decision of the Court in the exercise of its original
jurisdiction, it may apply to the Court to intervene and it shall be
for the Court to decide on the application.
2. Whenever the construction of a convention to which Member
States and persons other than those concerned in the case are
parties, is in question, the Registrar shall notify all such States and
persons forthwith.
3. Every State or person so notified has the right to intervene in
the proceedings; but if the right is exercised, the construction given
by the judgment will be equally binding on all parties.
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ARTICLE XIX
APPLICATION FOR INTERIM MEASURES
The Court shall have the power to prescribe if it considers the
circumstances so require, any interim measures that ought to be
taken to preserve the rights of a Party.
ARTICLE XX
JUDGMENTS OF THE COURT IN THE E XERCISE OF
ITS ORIGINAL JURISDICTION
1. An application for the revision of a judgment of the Court in
the exercise of its original jurisdiction may be made only when it is
based upon the discovery of some fact of such a nature as to be a
decisive factor, which fact was, when the judgment was given,
unknown to the Court and to the party claiming revision: provided
always that such ignorance was not due to negligence on the part
of the applicant.
2. Proceedings for a revision shall be opened by a judgment of
the Court expressly recording the existence of the new fact, recognising that it has such a character as to lay the case open to revision, and declaring the application admissible on this ground.
3. The Court may require previous compliance with the terms of
the judgment before it admits proceedings in revision.
4. The application for revision shall be made within six months
of the discovery of the new fact.
5. No application for revision may be made after the lapse of five
years from the date of the judgment.
6. Nothing in this Article shall affect the rights of third parties
accrued since the delivery of the judgment mentioned in
paragraph 1.
REVISION
OF
ARTICLE XXI
RULES OF COURT GOVERNING ORIGINAL JURISDICTION
1. The President shall, in consultation with five other Judges of
the Court selected by him, establish rules for the exercise of the
original jurisdiction of the Court.
2. Without prejudice to the generality of the preceding
subparagraph, Rules of Court may be made for all or any of the
following purposes:
(a) regulating the sittings of the Court, the selection of
Judges for any purpose, and the period to be observed
as a vacation in the Court and the transaction of
business during any such vacation;
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(b) regulating the pleading, practice, procedure,
execution of the process of the Court and the duties
of the officers of the Court;
(c) regulating matters relating to practice in the Court
by Attorneys-at-law, Legal Practitioners or
advocates and the representation of persons
concerned in any proceedings in the Court;
(d) providing for the summary determination of any
matter which appears to the Court to be frivolous or
vexatious or to be brought for the purpose of delay;
(e) regulating matters relating to the costs and the
taxation thereof, of proceedings in the Court;
(f) providing for the delivery of judgments in an
expeditious manner;
(g) prescribing forms and fees in respect of proceedings
in the Court;
(h) prescribing the time within which any requirement
of the rules of Court is to be complied with;
(i) regulating or prescribing or doing any other thing
which may be regulated, prescribed or done by rules
of Court.
ARTICLE XXII
JUDGMENT OF THE COURT TO CONSTITUTE STARE DECISIS
Judgments of the Court shall be legally binding precedents for
parties in proceedings before the Court unless such judgments have
been revised in accordance with Article XX.
ARTICLE XXIII
ALTERNATIVE DISPUTE RESOLUTION
1. Each Contracting Party shall, to the maximum extent
possible, encourage and facilitate the use of arbitration and other
means of alternative dispute resolution for the settlement of
international commercial disputes.
2. To this end, each Contracting Party shall provide appropriate
procedures to ensure observance of agreements to arbitrate and for
the recognition and enforcement of arbitral awards in such
disputes.
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ARTICLE XXIV
LOCUS STANDI OF PRIVATE E NTITIES
Nationals of a Contracting Party may, with the special leave of
the Court, be allowed to appear as parties in proceedings before the
Court where—
(a) the Court has determined in any particular case that
the Treaty intended that a right conferred by or
under the Treaty on a Contracting Party shall enure
to the benefit of such persons directly;
(b) the persons concerned have established that such
persons have been prejudiced in respect of the
enjoyment of the benefit mentioned in
sub-paragraph (a) of this Article; and
(c) the Contracting Party entitled to espouse the claim
in proceedings before the Court has—
(i) omitted or declined to espouse the claim,
or
(ii) expressly agreed that the persons
concerned may espouse the claim instead
of the Contracting Party so entitled; and
(d) the Court has found that the interest of justice
requires that the persons be allowed to espouse the
claim.
PART III
APPELLATE JURISDICTION OF
THE
COURT
ARTICLE XXV
APPELLATE JURISDICTION OF THE COURT
1. In the exercise of its appellate jurisdiction, the Court is a
superior Court of record with such jurisdiction and powers as are
conferred on it by this Agreement or by the Constitution or any
other law of a Contracting Party.
2. Appeals shall lie to the Court from decisions of the Court of
Appeal of a Contracting Party as of right in the following cases:
(a) final decisions in civil proceedings where the matter
in dispute on appeal to the Court is of the value of not
less than twenty-five thousand dollars Eastern
Caribbean currency (EC$25,000) or where the appeal
involves directly or indirectly a claim or a question
respecting property or a right of the aforesaid value;
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(b) final decisions in proceedings for dissolution or
nullity of marriage;
(c) final decisions in any civil or other proceedings which
involve a question as to the interpretation of the
Constitution of the Contracting Party;
(d) final decisions given in the exercise of the jurisdiction
conferred upon a superior court of a Contracting
Party relating to redress for contravention of the
provisions of the Constitution of a Contracting Party
for the protection of fundamental rights;
(e) final decisions given in the exercise of the jurisdiction
conferred on a superior court of a Contracting Party
relating to the determination of any question for
which a right of access to the superior court of a
Contracting Party is expressly provided by its
Constitution;
(f) such other cases as may be prescribed by any law of
the Contracting Party.
3. An appeal shall lie to the Court with the leave of the Court of
Appeal of a Contracting Party from the decisions of the Court of
Appeal in the following cases:
(a) final decisions in any civil proceedings where, in the
opinion of the Court of Appeal, the question involved
in the appeal is one that by reason of its great
general or public importance or otherwise, ought to
be submitted to the Court; and
(b) such other cases as may be prescribed by any law of
the Contracting Party.
4. Subject to paragraph 2, an appeal shall lie to the Court with
the special leave of the Court from any decision of the Court of
Appeal of a Contracting Party in any civil or criminal matter.
5. Nothing in this Article shall apply to matters in relation to
which the decision of the Court of Appeal of a Contracting Party is,
at the time of the entry into force of the Agreement pursuant to the
Constitution or any other law of that Party, declared to be final.
6. The Court shall, in relation to any appeal to it in any case,
have all the jurisdiction and powers possessed in relation to that
case by the Court of Appeal of the Contracting Party from which
the appeal was brought.
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7. (1) The President shall in consultation with five other Judges
of the Court selected by him, make Rules of Court for regulating
the practice and procedure of the Court in exercise of the appellate
jurisdiction conferred on the Court and, in relation to appeals
brought before the Court, the practice and procedure of any court
in respect of such appeals.
(2) Without prejudice to the generality of the preceding
sub-paragraph, Rules of Court may be made for all or any of the
following purposes:
(a) regulating the sittings of the Court, the selection of
Judges for any purpose, and the period to be observed
as a vacation in the Court and the transaction of
business during any such vacation;
(b) regulating the pleading, practice, procedure,
execution of the process of the Court and the duties
of the officers of the Court;
(c) regulating matters relating to practice in the Court
by Attorneys-at-law or Legal Practitioners and the
representation of persons concerned in any
proceedings in the Court;
(d) prescribing the cases in which, and the conditions
upon which an appellant in a criminal appeal to the
Court shall be entitled to be present at the hearing of
the appeal;
(e) providing for the summary determination of any
appeal which appears to the Court to be frivolous or
vexatious or to be brought for the purpose of delay;
(f) regulating matters relating to the costs and the
taxation thereof, of proceedings in the Court;
(g) providing for the delivery of judgments in an
expeditious manner;
(h) prescribing forms and fees in respect of proceedings
in the Court;
(i) prescribing the time within which any requirement
of the rules of Court is to be complied with;
(j) regulating or prescribing or doing any other thing
which may be regulated, prescribed or done by rules
of Court.
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PART IV
E NFORCEMENT, FINANCIAL AND FINAL PROVISIONS
ARTICLE XXVI
E NFORCEMENT OF ORDERS OF THE COURT
The Contracting Parties agree to take all the necessary steps,
including the enactment of legislation to ensure that—
(a) all authorities of a Contracting Party act in aid of the
Court and that any judgment, decree, order or
sentence of the Court given in exercise of its
jurisdiction shall be enforced by all courts and
authorities in any territory of the Contracting Parties
as if it were a judgment, decree, order or sentence of
a superior court of that Contracting Party;
(b) the Court has power to make any order for the
purpose of securing the attendance of any person, the
discovery or production of any document, or the
investigation or punishment of any contempt of court
that any superior court of a Contracting Party has
power to make as respects the area within its
jurisdiction.
ARTICLE XXVII
OFFICIALS AND E MPLOYEES OF THE COURT
1. There shall be a Registrar of the Court, Deputy Registrars
and other officials and employees of the Court as the Commission
may consider necessary. The holders of those offices shall be paid
such salaries and allowances and shall have such other terms and
conditions of service as may, from time to time, be determined by
the Commission.
2. With the concurrence of the competent authority of a
Contracting Party, the Commission may appoint the Registrar of a
superior court in the territory of that Contracting Party to be a
Deputy Registrar of the Court.
3. The Commission may, by directions in writing and subject to
such condition as it thinks fit, delegate any of its powers under
paragraph 1 to any one or more of its members or to the Registrar
of the Court.
4. For the purposes of paragraph 2 of this Article, “competent
authority” means the authority vested with power to make
appointments to the office of Registrar of a superior court and to
exercise disciplinary control over persons holding or acting in that
office.
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ARTICLE XXVIII
FINANCIAL PROVISIONS
1. The expenses of the Court and of the Commission, including
the cost of the maintenance of the Seat of the Court and the
remuneration and allowances and other payments referred to in
Article XXVII and this Article, shall be borne by the Contracting
Parties in such proportions as may be agreed by the Contracting
Parties. The assessed contributions to be paid by a Contracting
Party shall be charged by law on the Consolidated Fund or public
revenues of that Contracting Party.
2. (1) Subject to this Agreement and with the approval of the
Conference, the Commission shall determine the terms and
conditions and other benefits of the President and other Judges of
the Court.
(2) The salaries and allowances referred to in sub-paragraph
1 shall be set out in Appendix II to this Agreement.
(3) Notwithstanding the provisions of Article XXXII, the
Commission may, with the approval of the Conference, make
regulations to amend Appendix II.
3. The salaries and allowances payable to the President and the
other Judges of the Court and their other terms and conditions of
service shall not be altered to their disadvantage during their
tenure of office. For the purposes of this paragraph, in so far as the
terms and conditions of service of any Judge of the Court depend
upon the option of that Judge, the terms for which that Judge opts
shall be taken to be more advantageous to that Judge than any
other terms and conditions for which the Judge might have opted.
4. There shall be paid to members of the Commission, other than
the Chairman, the actual travelling expenses and subsistence
allowance at such rate per day as the Heads of Government may,
from time to time, decide for the purpose of performing official
duties as a member of the Commission.
ARTICLE XXIX
RIGHT OF AUDIENCE
Attorneys-at-law, legal practitioners or advocates duly admitted
to practise law in the courts of a Contracting Party shall, subject to
the powers of the Court, not be required to satisfy any other
condition in order to practise before the Court wherever the Court
is sitting in exercise of its jurisdiction and they shall enjoy the
privileges and immunities necessary for the independent exercise
of their duties.
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ARTICLE XXX
PRIVILEGES AND IMMUNITIES
The privileges and immunities to be recognised and granted by
the Contracting Parties to the Judges and officers of the Court
necessary to protect their independence and impartiality shall be
laid down in a Protocol to this Agreement.
ARTICLE XXXI
REGULATIONS
The Commission may make Regulations—
(a) governing the appointment, discipline, termination
of employment and other terms and conditions of
service and employment for—
(i) Judges, other than the President; and
(ii) officials and employees of the Court;
(b) prescribing the procedure governing the conduct of
disciplinary proceedings;
(c) generally giving effect to this Agreement.
ARTICLE XXXII
AMENDMENT
1. This Agreement may be amended by the Contracting Parties.
2. Every amendment shall be subject to ratification by the
Contracting Parties in accordance with their respective
constitutional procedures and shall enter into force one month after
the date on which the last Instrument of ratification or accession is
deposited with the Secretary-General (hereinafter in this
Agreement referred to as “the Depositary”).
ARTICLE XXXIII
SIGNATURE
This Agreement is open for signature by any of the States or
countries referred to in Article II.
ARTICLE XXXIV
RATIFICATION
This Agreement shall be subject to ratification by the signatory
countries in accordance with their respective constitutional
procedures. Instruments of ratification shall be deposited with the
Depositary who shall transmit certified copies to the Government
of each Contracting Party.
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ARTICLE XXXV
E NTRY INTO FORCE
This Agreement shall enter into force upon the deposit of
Instruments of Ratification or Accession in accordance with
Article XXXIV, by at least three Member States of the Caribbean
Community.
ARTICLE XXXVI
ACCESSION
1. Any country to which paragraph (b) of Article II applies may
accede to this Agreement and become a Contracting Party on such
terms and conditions as the Conference may decide.
2. Instruments of Accession shall be deposited with the
Depositary.
ARTICLE XXXVII
WITHDRAWAL
1. A Contracting Party may withdraw from this Agreement by
giving three years’ notice in writing to the Depositary who shall
promptly notify the other Contracting Parties accordingly and the
withdrawal shall take effect five years after the date on which the
notice has been received by the Depositary, unless the Contracting
Party before the withdrawal becomes effective notifies the
Depositary in writing of the cancellation of its notice of withdrawal.
2. A Contracting Party that withdraws from this Agreement
undertakes to honour any financial or other obligations duly
assumed as a Contracting Party; this includes any matter relating
to an appeal filed before withdrawal becomes effective.
ARTICLE XXXVIII
IMPLEMENTATION
The Contracting Parties shall take all necessary action, whether
of a legislative, executive or administrative nature, for the purpose
of giving effect to this Agreement. Such action shall be taken as
expeditiously as possible, and the Secretary-General shall be
informed accordingly.
ARTICLE XXXIX
RESERVATIONS
A reservation may be entered to Article XXV of this Agreement
with the consent of the Contracting Parties.
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IN WITNESS WHEREOF the undersigned duly authorised in that behalf
by their respective Governments have executed this Agreement.
Done at
of
, 2001.
on the
day
Signed by
for the Government of Antigua and Barbuda on the
of
, 2001
at
Signed by
for the Government of Barbados on the
at
Signed by
for the Government of Belize on the
at
day of
day of
day
, 2001
, 2001
Signed by
for the Government of the Commonwealth of Dominica on the
day of
, 2001
at
Signed by
for the Government of Grenada on the
at
day of
, 2001
Signed by
for the Government of the Co-operative Republic of Guyana on
the
day of
, 2001
at
Signed by
for the Government of Haiti on the
at
day of
, 2001
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Caribbean Court of Justice
2005
Signed by
for the Government of Jamaica on the
at
day of
, 2001
Signed by
for the Government of Montserrat on the
at
day of
, 2001
Signed by
for the Government of St. Kitts and Nevis on the
of
, 2001
at
Signed by
for the Government of Saint Lucia on the
at
day of
day
, 2001
Signed by
for the Government of St. Vincent and the Grenadines on the
day of
, 2001
at
Signed by
for the Government of The Republic of Suriname on the
of
, 2001
at
day
Signed by
for the Government of The Republic of Trinidad and Tobago on the
day of
, 2001
at
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APPENDIX I
I, ............................................... do hereby swear (or solemnly affirm)
that I will faithfully exercise the office of President/Judge of the
Caribbean Court of Justice without fear or favour, affection or
ill-will and in accordance with the Code of Judicial Conduct.
[so help me God (to be omitted in affirmation)].
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APPENDIX II
2005
Annual Salary
1. (a) The President of the Court
— [EC$
]
(b) Any other Judge of the Court — [EC$
]
2. Judges of the Court shall be paid superannuation benefits in
respect of their service as Judge of the Court as follows:
(a) less than 5 years’ service —a gratuity of 20 per cent of
the Judge’s pensionable
emoluments at the time of
retirement for every year
of service;
(b) 5 to 10 years’ service
—a monthly pension equivalent to two-thirds of the
Judge’s monthly pensionable emoluments at the
time of retirement;
(c) more than 10 years’ service—a monthly pension equivalent to the Judge’s monthly
pensionable emoluments
at the time of retirement.
3. Every Judge of the Court shall be paid a monthly allowance
for housing to be determined by the Heads of Government of the
Contracting Parties in respect of the Judge’s occupation of a fully
furnished residence.
4. Every Judge shall be paid a monthly allowance to be
determined by the Heads of Government of the Contracting Parties
to meet the expenses incurred by the Judge in respect of the
employment of a chauffeur.
5. Every Judge shall be paid a travelling allowance to be
determined by the Heads of Government of the Contracting Parties
in respect of the use by the Judge of a motor car owned by the
Judge on official duty, subject to the conditions of payment as
determined by the Heads of Government of the Contracting
Parties.
6. Every Judge of the Court shall be provided with telephone
services at the Judge’s residence, without charge, except for
unofficial overseas telephone calls.
7. Every Judge of the Court shall be paid a subsistence
allowance to be determined by the Heads of Government of the
Contracting Parties for each day on which the Judge is on official
duty in the territory of a Contracting Party other than that of the
seat of the Court.
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PART B
PROTOCOL TO THE AGREEMENT ESTABLISHING
THE CARIBBEAN COURT OF JUSTICE RELATING TO
THE JURIDICAL PERSONALITY AND LEGAL CAPACITY
OF THE COURT
The Contracting Parties:
NOTING that the Agreement Establishing the Caribbean Court of
Justice (hereinafter referred to as “the Agreement”) entered into
force on 23 July 2002;
Conscious that Article VI of the Agreement confers on the
Regional Judicial and Legal Services Commission (hereinafter
referred as “the Commission”) full juridical personality, including,
in particular, full capacity to contract;
Aware that the Government of Trinidad and Tobago, the
Contracting Party in whose territory the Seat of the Caribbean
Court of Justice (hereinafter referred to as “the Court”) is situated,
in accordance with Article III(4) of the Agreement, intends to
conclude an Agreement relating to the Seat of the Court and the
Headquarters of the Commission;
Desirous of conferring on the Court full juridical personality
and legal capacity,
Have Agreed as follows:
ARTICLE I
JURIDICAL PERSONALITY AND LEGAL CAPACITY OF THE COURT
1. The Court shall have full juridical personality.
2. Each Contracting party to the Agreement shalI, in its
territory, accord to the Court the most extensive legal capacity
accorded to legal persons under its municipal law.
3. In any legal proceedings, the Court shall be represented by
the Registrar of the Court.
4. Each Contracting Party to the Agreement shall take such
action as is necessary to make effective in its territory the
provisions of this Article and shall promptly inform the SecretaryGeneral of the Caribbean Community of such action.
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ARTICLE II
PRIVILEGES AND IMMUNITIES OF THE COURT AND THE COMMISSION
The President of the Court shall conclude with the Government
of Trinidad and Tobago an Agreement relating to the Seat of the
Court and the Headquarters of the Commission setting out, inter
alia:
(a) the terms respecting the facilitation of the administration and operation of the Court and the Commission;
and
(b) the privileges and immunities to be accorded to the
Commission and its members, the Court, the Judges
and officers of the Court, parties, their counsel and
other persons required to appear before the Court.
ARTICLE III
RELATIONSHIP BETWEEN THIS PROTOCOL AND THE AGREEMENT
This Protocol shall be read as one with the Agreement.
ARTICLE IV
SIGNATURE
This Protocol shall be open for signature by the Contracting
Parties to the Agreement.
ARTICLE V
E NTRY INTO FORCE
This Protocol shall enter into force on signature by the
Contracting Parties to the Agreement.
ARTICLE VI
ACCESSION
1. Any Contracting Party to the Agreement may accede to this
Protocol.
2. Instruments of accession shall be deposited with the
Secretary-General who shall transmit certified copies to the
Governments.
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IN WITNESS WHEREOF the undersigned representatives, being duly
authorised by their respective Governments or Institutions, have
signed this Protocol.
DONE at ................................... on the
day of
2003
Signed by
for the Government of Antigua
and Barbuda on the
day of
2003
at
Signed by
for the Government of
Barbados on the
day of
2003
at
Signed by
for the Government of Belize
on
the
day of
2003
at
Signed by
for the Government of the
Commonwealth of Dominica on the
day of
2003
at
Signed by
for the Government of Grenada
on the
day of
2003
at
Signed by
for the Government of the
Cooperative Republic of Guyana on the
day of
2003
at
Signed by
for the Government of Jamaica
on the
day of
2003
at
for the Government of Montserrat on
Signed by
the
day of
2003
at
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Caribbean Court of Justice
Signed by
Nevis on the
at
Signed by
the
day of
at
Signed by
the Grenadines on the
at
Signed by
Suriname on the
at
Signed by
the
day of
at
2005
for the Government of St. Kitts and
2003
day of
for the Government of Saint Lucia on
2003
for the Government of St. Vincent and
day of
2003
for the Government of Republic of
day of
2003
for the Government of Trinidad and Tobagoo
2003
517
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No. 8
Caribbean Court of Justice
SECOND SCHEDULE
2005
(Sections 2 and 16)
PROTOCOL ON THE STATUS, PRIVILEGES AND
IMMUNITIES OF THE CARIBBEAN COURT OF
JUSTICE AND THE REGIONAL JUDICIAL AND
LEGAL SERVICES COMMISSION
PREAMBLE
The Contracting Parties,
NOTING that the Agreement Establishing the Caribbean Court of
Justice entered into force on 23 July 2002;
Recognising that paragraph 2 of Article VII of the Agreement
Establishing the Caribbean Court of Justice (hereinafter referred
to as “the Agreement”) provides that the privileges and immunities
to be accorded the Regional Judicial and Legal Services
Commission shall be laid down in a Protocol to the Agreement;
Conscious that Article XXX of the Agreement also provides that
the privileges and immunities to be recognised and granted by the
Contracting Parties thereto to the judges and officers of the Court
necessary to protect their independence and impartiality, shall be
laid down in a Protocol to the Agreement; and
Desirous of establishing conditions to safeguard the independence and integrity of the judges and officers of the Caribbean Court
of Justice (hereinafter referred to as “the Court”) and the Members
of the Regional Judicial and Legal Services Commission,
Have agreed as follows:
ARTICLE I
USE OF TERMS
In this Protocol, unless the context otherwise requires:
“archives of the Court or the Commission” includes the
records, correspondence, documents, manuscripts,
photographs, slides, films, sound recordings and
electronic storage devices belonging to or held by the
Court or the Commission;
“Commission” means the Regional Judicial and Legal
Services Commission established by Article V of the
Agreement;
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Caribbean Court of Justice
2005
“competent Authorities” means national, regional or local
authorities of the Contracting Parties as may be
appropriate in the context and in the laws of the
Contracting Parties;
“Conference” means the Conference of Heads of
Government of the Member States of the Caribbean
Community;
“Contracting Party” means a state in relation to which this
Protocol is in force;
“counsel” means a person qualified to conduct proceedings
before the Court on behalf of another;
“the Court” means the Caribbean Court of Justice established by Article III of the Agreement;
“the Government” means the Government of a Contracting
Party to this Protocol;
“officers of the Court” means the Registrar of the Court
and the Deputy Registrar;
“the President” means the President of the Court;
“property” means all forms of property, including funds
and assets belonging to or held or administered by the
Court or the Commission and all income accruing to
the Court or the Commission;
“Registrar” means the Registrar of the Court;
“Secretary-General” means the Secretary-General of the
Caribbean Community
ARTICLE II
PROPERTY, FUNDS AND ASSETS OF THE COURT AND THE COMMISSION
1. The Court, the Commission, their property and assets,
wherever located and by whomsoever held, shall enjoy immunity
from every form of legal process except in so far as in any
particular case such immunity has been expressly waived in
accordance with Article X. No waiver of immunity shall extend to
any measure of execution.
2. The property of the Court and the Commission, wherever
located and by whomsoever held, shall be immune from search,
requisition, confiscation, expropriation and any other form of
interference whether by executive, administrative or judicial
action.
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ARTICLE III
PREMISES OF THE COURT AND THE COMMISSION
1. The premises occupied by the Court or the Commission
shall be inviolable.
2. The President may make regulations relating to the
premises mentioned in paragraph 1 of this Article for the
purpose of establishing therein conditions necessary for the full
execution of the functions of the Court or the Commission, as
the case may be.
3. Officials of the Government shall not enter the premises
referred to in this Article to perform any official duties therein
except with the consent of and under conditions agreed by the
President. However, in case of fire or other emergency requiring
prompt protective action or in the event that officials of the
Government have reasonable cause to believe that such an
emergency has occurred, the consent of the President to entry
on the premises by the officials of the Government shall be
presumed if the President cannot be reached in time.
ARTICLE IV
ARCHIVES OF THE COURT AND THE COMMISSION
The archives of the Court and the Commission, and in general
all documents belonging to or held by the Court or the Commission,
shall be inviolable wherever located.
ARTICLE V
E XEMPTION FROM FOREIGN E XCHANGE CONTROLS
1. Without being restricted by financial controls, regulations or
moratoria of any kind, the Court and the Commission shall be
entitled for their official use only:
(a) to purchase from authorised dealers, hold and make
use of negotiable currencies, operate foreign currency
and external accounts and purchase through
authorised dealers, hold and make use of funds and
securities;
(b) to freely transfer their funds, securities and foreign
currencies to or from the territory of any Contracting
Party and to convert any currency held by them into
any other currency.
2. The Court and the Commission, in exercising their rights
under paragraph 1 of this Article, shall pay due regard to any
representations made by the Government and shall give effect to
such representations so far as this is possible without detriment to
the interests of the Court or the Commission.
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Caribbean Court of Justice
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ARTICLE VI
E XEMPTION FROM TAXES, CUSTOMS DUTIES AND IMPORT OR
E XPORT DUTIES
1. The Court and the Commission shall be exempt from:
(a) any form of direct or indirect taxation, but the Court or
the Commission shall not claim exemption from taxes
which are, in fact, no more than charges for public
utility services;
(b) customs duties and prohibitions and restrictions on
imports in respect of articles imported or exported by
the Court or the Commission for their official use, subject to the condition that articles imported under such
exemption shall not be sold within the territory of the
Contracting Party except under conditions agreed to
with the Government;
(c) customs duties and other levies and prohibitions and
restrictions in respect of the import, sale and export of
their publications.
2. For the purposes of this Article, “indirect taxation” means
airport departure or travel tax, travel ticket tax, hotel and
restaurant taxes, customs and excise duties, consumption tax,
stamp duties, withholding tax on interest, value added tax, finance
charges and imposts with equivalent effect.
ARTICLE VII
FACILITIES IN RESPECT OF COMMUNICATIONS
1. The Court and the Commission shall, in relation to their
official communications, enjoy in the territory of the Contracting
Party, treatment no less favourable than that accorded by the
Government to any other international organisation.
2. The Court and the Commission shall be immune
from censorship of their official correspondence and official
communications.
3. The Court and the Commission shall have the right to use
codes and to despatch and receive correspondence whether by
courier or in sealed bags, which shall have the same immunities
and privileges as diplomatic couriers and bags.
4. Nothing in this Article shall be construed so as to preclude
the adoption of appropriate security measures in the interest of the
Government concerned.
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ARTICLE VIII
JUDGES AND OFFICERS OF THE COURT AND MEMBERS OF
THE COMMISSION
1. Judges and officers of the Court and members of the
Commission engaged in the business of the Court or the
Commission, as the case may be, in the territory of a Contracting
Party, shall enjoy:
(a) immunity from legal process in respect of words
spoken or written and all acts done by them in their
official capacity; such immunity shall continue
notwithstanding that the persons concerned have
ceased to exercise their functions with the Court or the
Commission;
(b) immunity from personal arrest or detention in relation
to acts performed by them in their official capacity;
(c) inviolability of all papers, documents and materials
related to the work of the Court or the Commission as
the case may be;
(d) exemption from immigration restrictions, alien registration requirements and national service obligations;
(e) the same protection and repatriation facilities in times
of international crisis as are accorded representatives
of foreign governments on temporary official missions;
(f) the right, for the purpose of all communications with
the Court or the Commission, as the case may be,
to use codes and to despatch or receive papers,
correspondence or other official material by courier or
in sealed bags;
(g) the same privileges and facilities in respect of currency and
exchange restrictions as are accorded to representatives of
foreign governments on temporary official missions;
(h) immunity from inspection and seizure of personal and
official baggage except in cases where the person is
caught in flagrante delicto. In such cases, the competent
authorities shall immediately inform the Registrar or
other appropriate official of the Court. Inspection of
personal baggage shall be conducted in the presence of
the person concerned or his authorised representative,
and in the case of official baggage, in the presence of a
duly authorised representative of the Registrar;
(i) exemption from any form of direct taxation on salaries,
remuneration and allowances paid by the Court or the
Commission and from customs duties on imports in
respect of articles imported for personal use, subject to
the condition that articles imported under such exemption shall not be sold within the territory of the
Contracting Party except under conditions determined
by the Government.
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ARTICLE IX
COUNSEL APPEARING IN PROCEEDINGS BEFORE THE COURT
1. Counsel appearing in proceedings before the Court while
present in the territory of a Contracting Party shall, in the
performance of their functions connected with such proceedings,
enjoy:
(a) inviolability of all papers, documents and materials
relating to the proceedings before the Court;
(b) immunity from personal arrest or detention and legal
process in relation to words spoken or written or acts
performed by them in relation to proceedings before
the Court;
(c) exemption from immigration restrictions, alien registration requirements and national service obligations;
(d) the same privileges and facilities in respect of
currency and exchange restrictions in relation to
proceedings before the Court as are accorded to
representatives of foreign governments on temporary
official missions.
2. The immunity mentioned in paragraph 1(a) and (b) shall
continue although the person entitled is no longer conducting
proceedings before the Court.
3. The privileges, immunities and facilities mentioned in this
Article are only intended to assist Counsel in the efficient representation of clients in proceedings before the Court and shall not be
employed to circumvent applicable laws and regulations of the
Government.
ARTICLE X
CO-OPERATION WITH COMPETENT AUTHORITIES
1. Privileges and immunities are recognised and granted by
this Protocol in the interest of the Court and the Commission and
not for the personal benefit of persons entitled thereto. The
Conference in the case of the President and the President in the
case of other persons entitled thereto, shall have the right to waive
such privileges and immunities whenever in their opinion the
enjoyment of the privileges and immunities would impede the
course of justice and could be waived without prejudice to the
interests of the Court or the Commission.
2. The President and the Registrar, as the case may be, shall
co-operate at all times with the competent authorities to facilitate
the proper administration of justice, secure the observance of
the laws and regulations of the Government and to avoid the
occurrence of any abuse in connection with the privileges,
immunities and facilities mentioned in this Protocol.
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Caribbean Court of Justice
2005
3. Without prejudice to the privileges and immunities
accorded by this Protocol, it is the duty of all persons enjoying such
privileges and immunities to respect the laws and regulations of
the Government and not to interfere in the internal affairs of the
Contracting Party.
4. If the Government considers that an abuse has occurred in
the enjoyment of any privilege or immunity conferred by this
Protocol, the Registrar shall, at the request of the Government,
consult with the competent authorities to determine whether such
an abuse has occurred. If such consultations fail to achieve results
satisfactory to the Registrar and the Government, the issue shall be
settled in accordance with the procedure laid down in Article XII.
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ARTICLE XI
FACILITATION OF TRAVEL
1. Subject to the laws or regulations restricting entry or
movement for reasons of national security, the Contracting Party
shall extend all facilities for the uninterrupted passage within its
territory as well as for the entry and departure therefrom of the
categories of persons mentioned below:
(a) judges of the Court and members of their families
forming part of their households;
(b) officers of the Court and members of their families
forming part of their households;
(c) members of the Commission;
(d) counsel and their clients appearing in proceedings
before the Court;
(e) persons appearing in proceedings before the Court;
(f) persons other than officers of the Court performing
missions for the Court and members of their families
forming part of their households; and
(g) other persons invited to the Seat of the Court or the
offices of the Commission on official business.
2. The Registrar shall communicate to the Government the
names of the persons mentioned in paragraph 1 of this Article.
3. This Article shall not be applicable in case of a general
interruption of transportation and shall not impede the effective
application of laws in force nor waive the reasonable application of
quarantine and health regulations.
4. Visas required by persons referred to in paragraph 1 of this
Article shall be granted by the Government expeditiously and free
of charge.
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Caribbean Court of Justice
2005
ARTICLE XII
SETTLEMENT OF DISPUTES
1. The President shall make appropriate provisions for the
settlement of:
(a) disputes arising out of contracts and other disputes of
a private law character to which the Court or the
Commission is a party;
(b) disputes involving any judge or officer of the Court or
Counsel conducting proceedings before the Court
enjoying immunity if such immunity has not been
waived by the persons empowered in that behalf.
2. Any difference between the Government and the Court or
the Commission arising out of the interpretation or application of
this Protocol and which is not settled by negotiation or other agreed
mode of settlement, shall be referred for final decision to a Tribunal
of three arbitrators at the instance of any Contracting Party to
this Protocol: one to be appointed by the Government, one to be
appointed by the Registrar, and the third, who shall be the
Chairman of the Tribunal, to be chosen by the first two arbitrators.
3. If any of the parties fails to appoint an arbitrator within six
weeks of the decision to resort to arbitration, an arbitrator or
arbitrators, as the case may be, shall be appointed for such
purposes by the Secretary-General.
4. If the first two arbitrators within three weeks of their
appointment fail to agree upon the third arbitrator, the
Government or the Registrar shall request the Secretary-General
to appoint the third arbitrator.
5. Amajority vote of the arbitrators shall be sufficient to reach
a decision which shall be final and binding.
6. The Chairman shall be empowered to settle all questions of
procedure in any case where there is disagreement between the
other arbitrators in respect thereto.
ARTICLE XIII
SIGNATURE
This Protocol shall be open for signature by the Contracting
Parties to the Agreement.
ARTICLE XIV
E NTRY INTO FORCE
This Protocol shall enter into force immediately upon signature
by at least three Contracting Parties to the Agreement.
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ARTICLE XV
ACCESSION
1. Any Contracting Party to the Agreement may accede to this
Protocol.
2. Instruments of accession shall be deposited with the
Secretary-General who shall transmit certified copies to the
Governments.
ARTICLE XVI
AMENDMENTS
1. Consultations in respect of any amendment to this Protocol
may be initiated either by the Government or the Registrar.
2. Amendments shall enter into force upon their acceptance by
all of the Contracting Parties.
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ARTICLE XVII
DEPOSITARY
This Protocol and any amendment thereto shall be deposited
with the Secretary-General who shall transmit certified copies
thereof to the Contracting Parties.
ARTICLE XVIII
IMPLEMENTATION
Each Contracting Party shall promptly inform the Conference
of the action which it has taken to make effective the provisions of
this Protocol in its territory.
ARTICLE XIX
WITHDRAWAL
1. A Contracting Party which withdraws from the Agreement,
may also withdraw from this Protocol by giving notice in writing to
the Depositary who shall promptly notify the other Contracting
Parties accordingly.
2. Withdrawal shall take effect five years after the date on
which the notice was received by the Depositary, unless the
Contracting Party before the withdrawal becomes effective notifies
the Depositary in writing of the cancellation of its notice of
withdrawal.
3. A Contracting Party withdrawing from this Protocol shall
honour all obligations assumed by it before the effective date of its
withdrawal.
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Caribbean Court of Justice
2005
IN WITNESS WHEREOF the undermentioned representatives duly
authorised in that behalf have executed this Protocol for their
respective Governments.
Done at
on the day of
2003
Signed by for the Government of Antigua and Barbuda on
the
day of
2003 at
Signed by for the Government of Barbados on
the
day of
2003 at
Signed by for the Government of Belize on the
day of
2003 at
Signed by for the Government of the Commonwealth of
Dominica on the
day of
2003 at
Signed by for the Government of Grenada on the
2003 at
day of
Signed by for the Government of the Co-operative Republic of
Guyana on the
day of
2003 at
Signed by for the Government of Jamaica on
the
day of
2003 at
Signed by for the Government of Montserrat on the
of
2003 at
day
Signed by for the Government of St. Kitts and Nevis on
2003 at
day of
the
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Caribbean Court of Justice
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Signed by for the Government of Saint Lucia on the
day of
2003 at
No. 8
Signed by for the Government of St. Vincent and the
Grenadines on the
day of
2003 at
Signed by for the Government of The Republic of Suriname on
the
day of
2003 at
Signed by for the Government of The Republic of Trinidad and
Tobago on the
day of
2003 at
Passed in the House of Representatives this
2nd day of February, 2005.
J. SAMPSON-JACENT
Clerk of the House
Passed in the Senate this 9th day of March, 2005.
N. JAGGASSAR
Acting Clerk of the Senate
PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN
REPUBLIC OF TRINIDAD AND TOBAGO—2005